Safe Streets and Communities Act

An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 of this enactment creates, in order to deter terrorism, a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. It also amends the State Immunity Act to prevent a listed foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of actions that relate to its support of terrorism.
Part 2 amends the Criminal Code to
(a) increase or impose mandatory minimum penalties, and increase maximum penalties, for certain sexual offences with respect to children;
(b) create offences of making sexually explicit material available to a child and of agreeing or arranging to commit a sexual offence against a child;
(c) expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibitions concerning contact with a person under the age of 16 and use of the Internet or any other digital network;
(d) expand the list of enumerated offences that may give rise to such orders and prohibitions; and
(e) eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years.
It also amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marijuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I.
Part 3 amends the Corrections and Conditional Release Act to
(a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases;
(b) establish the right of a victim to make a statement at parole hearings and permit the disclosure to a victim of certain information about the offender;
(c) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and
(d) rename the National Parole Board as the Parole Board of Canada.
It also amends the Criminal Records Act to substitute the term “record suspension” for the term “pardon”. It extends the ineligibility periods for applications for a record suspension and makes certain offences ineligible for a record suspension. It also requires the National Parole Board to submit an annual report that includes the number of applications for record suspensions and the number of record suspensions ordered.
Lastly, it amends the International Transfer of Offenders Act to provide that one of the purposes of that Act is to enhance public safety and to modify the list of factors that the Minister of Public Safety and Emergency Preparedness may consider in deciding whether to consent to the transfer of a Canadian offender.
Part 4 amends the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities. It defines the terms “violent offence” and “serious offence”, amends the definition “serious violent offence” and repeals the definition “presumptive offence”. It also requires police forces to keep records of extrajudicial measures used to deal with young persons.
Part 5 amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.
The enactment also makes related and consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 12, 2012 Passed That the amendments made by the Senate to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, be now read a second time and concurred in.
March 12, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “a message be sent to the Senate to acquaint their Honours that the House disagrees with the amendments made by the Senate to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, because relying on the government to list states which support or engage in terrorism risks unnecessarily politicizing the process of obtaining justice for victims of terrorism.”.
March 7, 2012 Passed That, in relation to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, not more than one further sitting day shall be allotted to the stage of consideration of Senate amendments to the Bill; and That, 15 minutes before the expiry of the time provided for Government Business on the day allotted to the consideration of the said stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Dec. 5, 2011 Passed That the Bill be now read a third time and do pass.
Nov. 30, 2011 Passed That Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, as amended, be concurred in at report stage.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 183.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 136.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 108.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 54.
Nov. 30, 2011 Failed That Bill C-10, in Clause 42, be amended by replacing lines 3 to 8 on page 26 with the following: “( a) the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General's intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment; and ( b) there are no exceptional circumstances related to the offender or the offence in question that justify imposing a shorter term of imprisonment than the mandatory minimum established for that offence.”
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 39.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 34.
Nov. 30, 2011 Failed That Bill C-10, in Clause 2, be amended by adding after line 6 on page 5 the following: “(6) In any action under subsection (1), the defendant’s conduct is deemed to have caused or contributed to the loss of or damage to the plaintiff if the court finds that ( a) a listed entity caused or contributed to the loss or damage by engaging in conduct that is contrary to any provision of Part II.1 of the Criminal Code, whether the conduct occurred in or outside Canada; and ( b) the defendant engaged in conduct that is contrary to any of sections 83.02 to 83.04, 83.08, 83.1, 83.11, or 83.18 to 83.231 of the Criminal Code for the benefit of or otherwise in relation to that listed entity.”
Nov. 30, 2011 Failed That Bill C-10, in Clause 2, be amended by adding after line 10 on page 3 the following: ““terrorism” includes torture. “torture” has the meaning given to that term in article 1, paragraph 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting clause 1.
Nov. 30, 2011 Passed That, in relation to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Sept. 28, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
Sept. 28, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, because its provisions ignore the best evidence with respect to public safety, crime prevention and rehabilitation of offenders; because its cost to the federal treasury and the cost to be downloaded onto the provinces for corrections have not been clearly articulated to this House; and because the bundling of these many pieces of legislation into a single bill will compromise Parliament’s ability to review and scrutinize its contents and implications on behalf of Canadians”.
Sept. 27, 2011 Passed That, in relation to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, not more than two further sitting days shall be allotted to the consideration of the second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1 p.m.


See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I listened carefully to the Chief Government Whip's speech.

I would have liked to examine only the youth criminal justice system, but when we study a bill that amends nine laws, we cannot choose. It is a package deal.

When listening to the member opposite, I had even more difficulty understanding why the government did not accept the amendment proposed by Quebec and tabled in committee by the NDP on the long-term protection of the public. Since the hon. member spoke extensively about rehabilitation and public protection, what is the problem with the word “long-term”? In addition, the burden of proof is being shifted from the judge to the Crown. I would like to know what the problem was with judges in the previous program.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:05 p.m.


See context

Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, through all of the parts of Bill C-10, we have striven to find balance in everything, balance between rehabilitation and balance with punishment. Various areas of the previous bill had gaps that needed correction and we have proposed changes to the bill. We will have the final vote in the House of Commons on Monday.

We have heard hundreds of hours of comments on these bills, even going back to the last Parliament, and no matter how many times people talk about having a chance to speak to the bill again, there have been no new ideas. We have heard the ideas and they have been resolved and the government is committed to the course that it has taken.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:05 p.m.


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I beg to differ with the government whip. He said that the government has heard no new ideas. The member for Mount Royal, on behalf of the Liberal Party, introduced specific amendments, some of which dealt with the justice for victims and terrorism portion of the act. The government decided to vote against those amendments so they did not get passed at committee stage. At report stage, the government tried to make those very same amendments that the member for Mount Royal tried to get passed in committee, but the government found that it was outside of procedure. The government whip likely should have known that.

I have a question for the government whip, who sits on the House leaders' working group. When does the government anticipate bringing in those original Liberal amendments that were proposed at committee stage? Does the government have any intention of passing Bill C-10 without making the amendments that the member for Mount Royal first suggested? We believe the government has now conceded that the Liberal Party was right.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:05 p.m.


See context

Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, we have again another process question, and I will just go to process for a minute at the highest level. As members know, when a bill is introduced in the House it goes through three stages. When it is passed in the House it goes to the Senate where, in turn, it goes through another three stages. The bill then goes to the Governor General and is then issued in public as a law.

Whether amendments will be introduced in the Senate is up to senators. If amendments are introduced and whether they are passed or not is again up to senators. That is not an issue for us in the House of Commons.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:05 p.m.


See context

Moncton—Riverview—Dieppe New Brunswick

Conservative

Robert Goguen ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, from previous questions I was almost tempted to believe that somehow the judicial discretion in the question of young offenders had been fettered. It was my impression that the judicial discretion of judges in cases involving young offenders had been bolstered.

I wonder if the hon. member could comment on whether my conclusions are correct.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:05 p.m.


See context

Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, that is the way I interpret it.

There are very few musts in the part of the bill dealing with the Youth Criminal Justice Act. Judges have a lot of latitude. We have put some boundaries on the act with respect to violent offenders. Violent offenders are a small class of offenders who need special rules and we have provided those special rules. However, it is up to judges as to whether they apply them or not.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:05 p.m.


See context

The Acting Speaker Bruce Stanton

Before resuming debate, I must inform the hon. member for Rimouski-Neigette—Témiscouata—Les Basques that I will have to interrupt him at 1:15, since that will be the end of government business.

The hon. member for Rimouski-Neigette—Témiscouata—Les Basques has the floor.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:05 p.m.


See context

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, it seems I have the honour of being the last speaker on the very important question of Bill C-10.

If there is one thing the debate on Bill C-10 has shown us, it is that this Parliament is dysfunctional. In a democracy like ours, particularly in a majority government situation, we have to make sure that the best legislation is presented and passed in the House, which is comprised of all elected members from everywhere in Canada. Given that the government is obviously in favour of this bill, it must hear the arguments put forward by the opposition, from whatever party it may be, in order to improve it. To do that, it must be able to swallow its pride and admit that it does not have a monopoly on the truth and that the opposition’s arguments may be valid and may prevent mistakes that would otherwise be made in a totalitarian government.

In this case, we have seen the problems and the aberrations of a dysfunctional Parliament. The government is proposing nine bills dealing with the Criminal Code and putting them all together. Some of them might have been supported by the opposition parties, whether the NDP or the three other parties represented in the House, and passed quickly. I am referring, for example, to the bill dealing with sexual offences against children. We are all reasonable people. We can understand that there is a strong consensus among Canadians that there should be longer sentences for that. But the government refused and then blames us for supporting the criminals who commit those heinous crimes.

Certain other bills had fairly major structural problems, which were raised on multiple occasions. The government refuses to address the structural problems raised by the opposition, claiming that the arguments have been heard and we can now move on to the vote, which will probably be held on Monday. The arguments may have been heard, but they were not understood, or they were dismissed out of hand without any further analysis.

I would like to talk about one problem in particular. It has been said that the government refuses to work with the opposition parties, including the NDP. I would like to note the excellent work done by our two justice critics, including the member for Gatineau, who is the deputy critic. They have done phenomenal work, as have the critics for the other opposition parties.

If the government refuses to work with the opposition parties, it should at least work with the provinces. We know that a majority of provinces, including Quebec, have serious reservations about several parts of this omnibus bill. Manitoba, one of the rare provinces the government relied on to give its bill some credibility, has also stated serious reservations about several parts of it. Most of the provinces do not agree with the way the bill is presented.

I am proud to say that we have worked with the provinces, particularly with Quebec, to amend some much more critical parts of this bill, including the part about young offenders that we were just discussing.

One of the changes suggested by the Minister of Justice of Quebec, with whom we have worked during this process, relates to the concept of the long-term protection of the public that the Conservatives want to remove. The concept of the long-term protection of the public was in the previous young offenders legislation. The Conservatives are removing it and refuse to include the concept of the long-term protection of the public.

In a previous life, I worked for a youth centre, Ressources alternatives Rive-Sud, in Longueuil. I saw the work that was done on rehabilitating young offenders and raising their awareness. This bill is concerned with young persons who have committed more serious crimes, fine. But the solution proposed for this will send these young persons to crime school, and there will be no hope of providing long-term protection for the public.

A second point in the bill would make the rule that bans the publication of any information that would identify a young offender who has committed violent crimes less stringent.

At present, that limitation exists for serious crimes for which, for example, a young offender will be referred to adult court. But by making it possible for these young offenders’ identity to be disclosed in relation to investigations of violent crimes, whatever they are, it is systematically stigmatizing those young people and creating one more barrier to their potential rehabilitation and reintegration. Quebec, most of the provinces and the opposition parties did their homework. The only ones who did not do it are the federal government. The provinces are going to pay and the public is going to pay.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:15 p.m.


See context

The Acting Speaker Bruce Stanton

It being 1:15 p.m., pursuant to an order made on Wednesday, November 30, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

Is it the pleasure of the House to adopt the motion?

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:15 p.m.


See context

Some hon. members

Agreed.

No.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:15 p.m.


See context

The Acting Speaker Bruce Stanton

All those in favour of the motion will please say yea.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:15 p.m.


See context

Some hon. members

Yea.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:15 p.m.


See context

The Acting Speaker Bruce Stanton

All those opposed will please say nay.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:15 p.m.


See context

Some hon. members

Nay.

Safe Streets and Communities ActGovernment Orders

December 2nd, 2011 / 1:15 p.m.


See context

The Acting Speaker Bruce Stanton

In my opinion, the nays have it.

Pursuant to Standing Order 45, the recorded division stands deferred until Monday, December 5, at the ordinary hour of daily adjournment.